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Bench/Bar Update
BENCH/BAR COMMITTEE REPORT By Mary R. Sanders
As another harbinger that our routines are returning to pre-COVID normal, the May Bench Bar meeting was held in person, with others joining by Zoom. It is nice to get back to a semblance of normalcy! The hot topic was, of course, COVID, and how the courts continue to adjust to secure the fair and speedy administration of justice, while ensuring the safety of the court staff and public. Judge Jakubowski reported that jury trials have returned, both criminal and civil. The juries are being selected at the American Legion Building on York Road and then transported to Bosley Avenue. There has been good feedback and no problems concerning jurors. Both the Public Defender and State’s Attorney’s Offices reported no issues with the trials.
Judge Jakubowski also reported that there is a new postponement policy for criminal matters. The court is no longer accepting written requests for postponement. All postponement requests must be done in person. Judge Cahill is reviewing all postponement requests for the month of May, and a party must show good cause. The Court is committed to clearing the backlog and wants to move these case in an expeditious manner. A prison/defendant is entitled to wear civilian clothes for jury trials. Please coordinate with Brittany Jackson, who is the point person if you need to get clothing to a client. The Court has instituted a new policy for people who are denied entry to the courthouse because of their answers to the COVID questions. The person is to remain outside the building and Central Assignment will notify the judge or hearing officer. If criminal, the judge will be go on the record to discuss whether he will grant the party the right to enter, or how the matter will go forward. If civil or family law, the judge may decide the protocol, and whether the matter will proceed virtually, etc. Good news to all family law attorneys – the Visitation Center will reopen on June 1, 2021. They are accepting applications now. Wendy Meadows also reported that the Family Law Legislative update will be on May 20 at 4:30 p.m. Carol Miller, the long standing chief deputy clerk in the Clerk’s office is retiring after 41 years of service. Carol has been a godsend to attorneys and all who she helped along the way. She will be sorely missed. While we are sad to see Carol leave, we wish her the very best and hope she enjoys her well-deserved retirement. We turn to welcoming Craig Moscovitz who will join the Clerk’s Office on June 30, 2021. Another big welcome is being sent out to Magistrate Carrie Polley who has started in the position and is hearing contested cases. The family law bar is thrilled to have you on the Bench and is confident you will be an asset to the Magistrate’s Office. And a final big welcome to Alexis Rohde who is replacing Baltimore County icon, Grace Connolly, who retired as the Register of Wills, a role she has served since 1998. Ms. Rohde is the former Assistant Attorney General representing the Register of Wills and Orphans Court. Ms. Rohde has come into her position ready to work, and is asking the bar for any suggestions, comments, or complaints regarding the Office.
Judge Wilson reported that the District Court has entered Phase V and all cases are being scheduled and the Court is even adding dockets to help clear out the backlog. The District Court is stretched thin because they are short two judges with Judge Chester’s retirement and Judge Mayer’s appointment to the Circuit Court. Judge Wilson has requested visiting judges to help with the shortage, but unfortunately most jurisdictions are in the same boat. In the event that Baltimore County is not allotted visiting judges, dockets in July will most likely have to be postponed. If this happens, attorneys will be notified immediately and the cases will be reset.
The landlord/tenant cases are going forward. The CDC order which put a temporary halt on evictions was recently vacated by a US District Court for the District of Columbia. The Federal Judge stayed his Order pending an appeal, but the stay will expire shortly. There is an interim order, however, that
BENCH/BAR COMMITTEE REPORT By Mary R. Sanders
requires landlords seeking to collect rent to file pursuant to the debt collector licensing provisions. This means the landlord must provide the tenant a notice that there are other resources available to the tenant to assist in rent payment. Executive Council President, Jay Miller reported that the Golf Tournament is all set for May 26, 2021 at Eagles Nest. The Stated meeting is scheduled for June 17, 2021 at 4:30 p.m. in the ceremonial courtroom. The winner of the J. Earle Plumhoff Professionalism Award will be honored and CASA will receive the funds that have been raised this year. Jay will be turning over the reigns of the Bar Association to Stanford Gann who will be the new Bar President.
This upcoming year is a special year for the Baltimore Bar Association – it is turning 100! The Bar Association is planning a celebration and printing Memory Books celebrating the last 100 years. If you are interested in sponsoring the Memory Book, please contact Amber Gaines, Mariela D’Alessio or Alaina Storie.
Nicole Rush, Chair of the Young Lawyers Committee reported that her committee was working hard to put together the silent auction which will occur during the Golf Tournament. All funds will be donated to CASA.
The Bench Bar Committee was treated to an informative and complete legislative update by Tommy Tompsett, Jr., an attorney and lobbyist. Highlights from his presentation include the following: The implementation of the new Child Support Matrix which extends the income share model to a combined income of $360,000 annually will be delayed until July 1, 2022;
Voters will get to vote in the November 2022 election to increase the District Court’s jurisdiction to $25,000 as the amount in controversy. Maryland is extending access to the right to counsel in select civil cases. This new legislation will provide access to legal counsel in landlord-tenant proceedings for those who occupy a residential rental property, or are a household member with an income that is less than 50% of the state median income. The program will not be fully implemented until October 1, 2025. The legislature passed a statute requiring the court to waive publication in certain circumstances regarding name change petitions.
Maryland Appellate Courts are undergoing a name change if approved by voters in 2022 – The Court of Appeals will be the Supreme Court of Maryland and the Court of Special Appeals will be the Appellate Court of Maryland. The judges on the Court of Appeals will be justices. Judges now have the discretion, on a finding of good cause, to recall an arrest warrant issued by a District Court Commissioner, and in its place, issue a summons.
The legislature decriminalized certain drug paraphernalia, and modified the penalties (spoiler alert, Governor Hogan vetoed this bill on May 26, 2021) The full list of Mr. Tompsett’s summary can be found in last month’s issue of The Advocate.
